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High Court of Punjab and Haryana · body

2025 DAILYLAW 8200 (PNJ)

SATWINDER KAUR v. STATE OF HARYANA THROUGH ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HEALTH FAMILY WELFARE

CWP/22121/2026 · 2026-07-21

Nidhi Gupta

body2025

Judgment text

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CWP-22121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112 Satwinder Kaur State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India directing the interest under the Payment of Gratuity Act, the widow and Class served as Ambulance Driver under the for more than 11 years on continuous and uninterrupted basis and died in harness on 29.08.2025, as the statutory right of gratuity accrued in favour of the petitioner and the same c the deceased employee was engaged on contractual basis; further, for issuance of direction to the respondents to decide the representation dated 14.10.2025 (Annexure P representation and speaking order within a time bound period. 2. petitioner submits that the petitioner would be satisfied if 2121-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Satwinder Kaur Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Varlin Garg, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Articles 226/227 Constitution of India is for issuance of a writ in the nature of directing the respondents to release death gratuity along with statutory interest under the Payment of Gratuity Act, the widow and Class-I legal heir of Late Sh. Lakhwinder Singh served as Ambulance Driver under the National Health Mission, Haryna for more than 11 years on continuous and uninterrupted basis and died in harness on 29.08.2025, as the statutory right of gratuity accrued in favour of the petitioner and the same cannot be denied merely on the ground that the deceased employee was engaged on contractual basis; further, for issuance of direction to the respondents to decide the representation dated 14.10.2025 (Annexure P representation dated 05.12.2025 (Annexure P and speaking order within a time bound period. After arguing for some time, learned counsel for the submits that the petitioner would be satisfied if IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22121-2026 Date of Decision: 21.07.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA , Advocate for the petitioner. filed under Articles 226/227 of the for issuance of a writ in the nature of Mandamus release death gratuity along with statutory interest under the Payment of Gratuity Act, 1972 to the petitioner being I legal heir of Late Sh. Lakhwinder Singh, who National Health Mission, Haryna for more than 11 years on continuous and uninterrupted basis and died in harness on 29.08.2025, as the statutory right of gratuity accrued in favour annot be denied merely on the ground that the deceased employee was engaged on contractual basis; AND/OR further, for issuance of direction to the respondents to decide the representation dated 14.10.2025 (Annexure P-3) and legal notice-cum- dated 05.12.2025 (Annexure P-5) by passing a reasoned and speaking order within a time bound period. After arguing for some time, learned counsel for the submits that the petitioner would be satisfied if a direction is of the release death gratuity along with statutory to the petitioner being , who National Health Mission, Haryna for more than 11 years on continuous and uninterrupted basis and died in harness on 29.08.2025, as the statutory right of gratuity accrued in favour annot be denied merely on the ground that AND/OR further, for issuance of direction to the respondents to decide the 5) by passing a reasoned After arguing for some time, learned counsel for the direction is RISHU KATARIA 2026.07.22 18:44 I attest to the accuracy and authenticity of this order/judgment. CWP-22121 issued to respondent 14.10.2025 (Annexure P 05.12.2025 (Annexure P 3. 4. on behalf of respondent case the prayer made by learned counsel for the petitioner at this stage, is accepted. 5. into the merits of the present petition, the same is direction to consider and decide the (Annexure P (Annexure P with law, within a period of certified copy of this order. 6. 21.07.2026 rishu 2121-2026 -2- d to respondents to consider and decide 14.10.2025 (Annexure P-3) and legal notice 05.12.2025 (Annexure P-5) in a time bound manner. Notice of motion. Ms. Tanushree Gupta, Addl. A.G., on behalf of respondent-State and submits that case the prayer made by learned counsel for the petitioner at this stage, is After hearing learned counsel for the parties, w into the merits of the present petition, the same is direction to the respondents/Competent Authority, concerned and decide the aforesaid the representation dated 14.10.2025 (Annexure P-3) and legal notice-cum-representation dated 05.12.2025 (Annexure P-5) by passing a speaking and reasoned order, in accordance with law, within a period of 06 months certified copy of this order. Pending application(s), if any, shall 2026 Whether speaking/reasoned Whether Reportable decide the representation dated 3) and legal notice-cum-representation dated in a time bound manner. , Addl. A.G., Haryana, accepts notice State and submits that she has ‘no objection’ in case the prayer made by learned counsel for the petitioner at this stage, is After hearing learned counsel for the parties, without going into the merits of the present petition, the same is disposed of with a the respondents/Competent Authority, concerned, to forthwith the representation dated 14.10.2025 representation dated 05.12.2025 by passing a speaking and reasoned order, in accordance from the date of receipt of a Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No representation dated representation dated accepts notice in case the prayer made by learned counsel for the petitioner at this stage, is ithout going with a the representation dated 14.10.2025 representation dated 05.12.2025 by passing a speaking and reasoned order, in accordance from the date of receipt of a RISHU KATARIA 2026.07.22 18:44 I attest to the accuracy and authenticity of this order/judgment.